State Sen. Scarcella-Spanton Passes Public Safety Legislation Redefining Stalking, Harassment To Include Electronic Methods Of Location, Movement Reporting

State Senator Scarcella-Spanton Passes Public Safety Legislation

ALBANY, NY – Last week, Senator Scarcella-Spanton’s bill, which redefines the term “following” for a crime of stalking in the fourth degree, passed on the Senate floor. The proposed legislation redefines the crime of stalking in the fourth degree to include the use of certain devices or computers to gain unauthorized access to, record, track, or report the movement or location of individuals or their property.

In an era of rapid technological advancement, our current laws have failed to keep pace with the various new methods predators can utilize to stalk individuals. There are countless ways through which a person’s location can be tracked without their consent, such as apple air tags or the Find My Phone application. This legislation aims to address this alarming gap by updating the parameters of stalking as defined in New York State.

“For far too long, New Yorkers have lived in constant fear of their location being compromised through the misuse of technology,” said Senator Scarcella-Spanton. “This bill is a crucial step toward keeping New Yorkers safe and protecting their location in an increasingly interconnected world. By broadening the definition of stalking, we send a clear message to criminals that they will be prosecuted for technology-assisted stalking in New York State.

“As criminals evolve, so too must law enforcement and the laws meant to keep the most vulnerable members of our community safe. Sadly, incidents of harassment and stalking have only become more prevalent with the ever-expanding use of technology and ensuring that our stalking laws are brought into the 21st century is an essential component to combatting this plight and restoring public safety.

I commend Senator Scarcella-Spanton for recognizing this gap in our penal law, introducing Senate Bill 5505, and ensuring its passage in the Senate. If signed into law, this legislation would equip prosecutors and police alike with the tools necessary to better protect women, children, and all victims of stalking. We look forward to this meaningful piece of legislation reaching the Governor’s desk for swift signage into law and strengthening the protections meant to keep victims of stalking safe” said District Attorney Michael McMahon.

The redefined term “following” now encompasses the unauthorized use of devices or computers to gain access to, record, track, or report an individual’s movements or location without their permission or authority. This legislative update acknowledges the pressing need to address the evolving methods employed by perpetrators and provides a pathway for justice for victims of technology-assisted stalking.

This broader definition recognizes the profound impact of technology-assisted stalking on the mental and emotional well-being of victims, ensuring that offenders face appropriate legal consequences.

Senator Scarcella-Spanton began her first term as a State Senator in January. She was appointed as Chair of the New York State Senate Committee on Veterans, Homeland Security and Military Affairs, and is a member of the Committees on Civil Service and Pensions, Cultural Affairs, Tourism, Parks and Recreation Disabilities, Insurance, Labor, and Women’s Issues.

Banner Image: Woodpecker Stalking equipment in Chernobyl exclusion zone. Image Credit – Artem Zhukov

State Senator Jessica Scarcella-Spanton